Correspondence from Edmisten and Wallace to Leonard; Motion to Consolidate and Request for Three-Judge Court

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P. O. Box 629
RALEIGH
27602

January 27, L982

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Honorable J. Rich Leonard, Clerk
tinited States District Court
IjJstern District
Federal Building
Raleigh, North Carolina 27611

RE: Gingles v. Edmisten, Civil No. 81-803-CIV-5
Pugh v. Hunt, Civil No. 81-1006-CIV-5

Dear }lr. Leonard:

Enclosed please find, for filing, four copies of defendants'
titotion to Consolidate and Request for Three-Judge Court. The
Motion, of course, concerns the above-entitled matters.

Counsel for all plaintiffs have been contacted, and all have
authorized me to inform you thattkre! consent to the consolidation.
In light of that fact, w€ have not prepared a brief in support of
the notion- lf, in spite of the consent of aIl parties, the
loca1 rules sti11 require the filing of a briefr w€ will be more
than willing to do so, if you so advise.

A11 parties have also agreed to provide the Court with a
stipulation regarding the new discovery schedule shortly. f wiLl
prepare and forward that stipulation to you upon its completion.

Please return a copy of the "filed' Motj-on to me at your
convenience.

Thank you for your usual cooperation.

Very truly yours,

RUFUS L. EDMTSTEN

peputy Attorney General

>P, Legal Affairs

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IN THE UNITED STATES DISTRICT COURT
FOR THE FASTERN DISTRTCT OF NORTH CAROLINA

RALEIGH DTVISTON

RALPII GINGLES, etc. , et aI. ,

Plaintiffs,
v.

RUFUS EDMfSTEN, etc., et al.,

)
)
)
)
) crvrL No. Br-803-crv-5
)

)

)

)Defcndants.

ALAN V. PUGH, etc., et a1., )

)
Plaintiffs, )

)
v. ) crvrl, No. B1-1066-crv-5

)
JAI,IES B. HUNT, JR., CtC., €t 31., )

)
Defendants. )

r,loTrgrr T9 coNSoLrpATE gNg REgUEST poR THRFE-JUpGF COUFT

COME NOItr thc def endants in each of the above-entitl-ed actions,

and move the court to order a complete consolidation of the above-

entitLed actions, for all purposes, pursuant to Rule 42(a) of the

Federal Rules of Civil procedure; and hereby reguest a three-judge

court to hear the actions pursuant to 28 U.S.C. 52284.

fn support of the motion, and as grounds therefor, defendants

state:

1. Each action challenges the constitutionalitv of the State's
apportionment plans for the House of Representatives and Senate

of the North Carolina General Assembly and also alleqes violations
of tl:e Voting p.ights Act of 1965, 42 U.S.C. 51973. (plaintiffs

Ralph Gingles, €t d1., have also challenged the plans for the Second

and Fourth Congressional Districts. )

2. Each action involves common questions of lavr and fact.

relating to the enactment of redistricting plans for the North

Carolina House and Senate in compliance with the thited States

Constitution and the r.zoting Rights Act of 1965. Rel-ief relatino
to legislative apportionment, if dDy, granted to the plaintiffs
must be consistent.



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3. The defendants defenses are the same in each action.
4. Each action reguires the conveninq of a three-judge

court pursuant to 28 U.S.C. 52284 and 42 U.S.C. S1973c.

5. Each action seeks to represent a class wl:ich may

include overlappinq members.

No prejudj-ce to any party will result from a consolidation
of said actions. consoridation will avoid a multiplicity of
suits, will save considerable time and expense for the court,
counsel, and all parties, will expedite the presentation of
evidence at trial proceediDgS, and rqi11 be in the furtherance of
j ustice .

Respectfullv submitted, rhis the e7_ day of 
*7, 

tsa2.

RUFUS L. EDMTSTEII
ATTORNEY GENFRAL

James

Attorney General's bffice
Ilorth Carolina Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602
Telephone: (919) 733-3377

Norma Harrell
Tiare Smiley
Assistant Attorneys General

John Lassiter
Associate Attorney General

Attorneys for Defendants

Of Counsel:

Jerris Leonard &

900 17th Street,
Suite 1020
Washington, D. C.
Telephone: (202)

Associates, P.C.
N.W.

20005
872-1095

Deputy Attornev Geneddl
for Legal Affairsl'



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CERTITICATE OF SERVICE

. f hereby certify that f have this day served the foregoing

Motion to Consolidate and Request for Three-Judge Court upon

plaintiffsr attorneys by placing a copy of said Motion in the

United States Post Office, Postage prepaid, addressed to:

iI.. Levonne Chambers
LesLie Winner
Chambers, Ferguson, Watt, Wallas,

Adkins & FuL1er, P.A.
951 South Independence Boulevard
Charlotte, North Carolina 28202

Jack Greenberg \

James H. Nabiit III
NapeoJ.eon B. Williams, Jr.
10 Col,umbus Circ1e
New York, New York 1001,9

Arthur J. Donal,dson
Burke, Donaldson, Holshouser & KererlY
309 tlorth Main Street
Salisbury, North Carolina 28L44

Robert N. Hunter, Jr.
Attorney at Lar..r
Post Office Box 3245
201 West llarket Street
Greensboro, North Carolina 27402

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This the e1 day of

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